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Request By:

Ms. Billie Say
Affirmative Action Coordinator
Northern Kentucky University
Highland Heights, Kentucky 41076

Opinion

Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of December 11 in which you raise the following question.

". . . I am requesting a formal opinion as to whether or not there would be a conflict of interest in having someone, who is currently employed in the office of a commonwealth attorney, serve on a state university's board of regents."

Our response to your question would be in the negative. Your question basically involves a possible incompatible situation rather than a conflict of interest. An employee of the commonwealth's attorney would be considered a state employee as the commonwealth attorney is a state officer as held in a number of cases, among them being

Miller v. Robinson, 306 Ky. 653, 209 S.W.2d 977 (1948). At the same time, a member of the Northern Kentucky University Board of Regents established pursuant to KRS 164.320 would be considered a state officer as held in OAG 73-8, copy attached.

There is no constitutional or statutory objection under either § 165 of the Constitution or KRS 61.080 governing incompatible offices that would prohibit a person from holding two state offices, or a state office and state employment at the same time. See

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1979 Ky. AG LEXIS 7
Cites (Untracked):
  • OAG 73-08
Forward Citations:
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